Alasdair is ranked as a Leading Silk (Band 1) for Planning & Environment and Product Liability in the latest edition of Chamber& Partners UK: "Alasdair Burnet is very good." Described as "a first-class senior in product liability matters", "Alasdair is able to step back and look at the wider picture, which is very helpful in designing strategy. He is insightful, clever and spots issues." Chambers UK, 2025
In addition, Alasdair is ranked for Administrative & Public Law and Real Estate Litigation: "Alasdair is very clever, always very calm and supportive." "Alasdair Burnet understands the commercial aspects." Chambers UK, 2025
Alasdair is also ranked in the current edition of the Legal 500 for Administrative & Public Law, and Property, Planning and Construction: “Alasdair is a stand-out planning KC, who balances commercial awareness and pragmatism with compelling advocacy and detailed advice.” Legal 500, 2025
Biography
Alasdair called to the Bar in 2006, taking Silk in 2020. He has acted in a wide variety of cases, appearing in the UK Supreme Court, the Inner and Outer House of the Court of Session, the Sheriff Court, Land Court and Lands Tribunal. In particular, he has acted in planning appeals and property litigation in relation to housing developments, wind farms, supermarket retailing applications and challenges to Local Development Plans and planning obligations. He is involved in several ongoing planning inquiries, appeals and judicial reviews and has undertaken medical negligence defence work for NHS Scotland.
He has been instructed in several multi-jurisdictional mass product liability cases including by manufacturers of medical devices and metal-on-metal hip replacements and Merck Pharmaceuticals in relation cases arising from the withdrawal of its drug Vioxx.
He has acted in several major public inquiries: for City of Edinburgh Council in the Edinburgh Tram Inquiry; for Health Protection Scotland in the Vale of Leven Hospital C. difficile Inquiry; for objectors to the proposed AWPR Aberdeen City Bypass; for local authorities in relation to major hotel, office and waste management developments; and in inquiries in relation to Compulsory Purchase Orders and for the NHS in Fatal Accident Inquiries.
He is currently acting on behalf of NHS Lothian in relation to the Scottish Hospitals Inquiry.
Prior to calling, Alasdair practiced as a solicitor in the litigation department of a large commercial firm for 5 years. He represented the defenders in McTear v Imperial Tobacco Limited 2005 2 SC 1. The case involved complex and novel legal issues amongst other things on causation, standard of proof, evaluation of expert evidence, duty to warn, and personal responsibility. It was one of the first civil cases in Scotland to utilise electronic display of productions, a simultaneous electronic transcript "Livenote" facility and case analysis software - "Casemap". In 2005 Alasdair was seconded to Office of the Solicitor to the Scottish Executive."
Appointments
- Director, Terra Firma Chambers, 2023 to date
- Standing Junior to the Scottish Government, 2012 to 2020
- Secretary to the Scottish Planning, Local Government and Environmental Bar Group
Recent Cases
Recent or Significant cases
UK Supreme Court:
- Aberdeen City & Shire Strategic Development Planning Authority v Elsick Development Co [2017] UKSC 66: challenge to legality of pooling of developer contributions to Strategic Transport Fund.
- Salvesen v Riddell [2013] UKSC 22: challenge to legislative competence of Agricultural Holdings (Scotland) Act).
Court of Session:
- Allied Vehicles Ltd v Scottish Ministers [2026] CSIH 37: statutory appeal by landowner against Scottish Minister’s reporter’s decision to uphold Historic Environment Scotland’s listing of a building.
- Shell Chemicals UK Ltd v Scottish Ministers [2026] CSIH 29: statutory appeal by operator of a major hazard gas pipeline against a Scottish Minister’s reporter’s decision to remove a planning condition requiring diversion of the pipeline before the commencement of the extension to a quarry.
- Raeshaw Farms Ltd v Scottish Ministers [2026] CSIH 10, 2026 SLT 183: statutory appeal by objector to Scottish Minister’s reporter’s decision to grant consent wind farm where there had been no proper fact-specific evaluation of whether the wind farm construction and its grid connection constituted a single project requiring a cumulative environmental impact assessment under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.
- Esslemont v Aberdeen City Council [2025] CSIH 31, 2026 SC 97: statutory appeal against a traffic regulation order restricting car access to large areas of Aberdeen city centre.
- Dixon v Angus Council [2025] CSIH 29: statutory appeal against planning authority’s decision to grant planning permission for new crematorium in rural area.
- McPhee v Perth & Kinross Council [2025] CSOH 102: judicial review of planning authority’s decision to grant planning permission for micro-brewery and tap-room near historic gypsy traveller site.
- Brown v Glasgow City Council (No 2) [2025] CSOH 4, 2025 SLT 188: Judicial Review of need to comply with duty to consider public access rights under Land Reform (Scotland) Act 2003 when granting Certificate of Lawfulness of Proposed Use or Development for fence around football pitch in public park as permitted development.
- Rae v Glasgow City Council [2025] CSIH 1, 2025 SLT 159: appeal in Judicial Review of screening opinion not to require full environmental impact assessment for demolition of tower blocks.
- Cains Trustees v Highland Council [2024] CSOH 80 & [2024] CSOH 50: Judicial Review of adequacy of local authority consultation in relation to restricting vehicular traffic route through city centre and preliminary issue as to competency of petition.
- Brown v Glasgow City Council [2024] CSOH 76: Judicial Review of failure to comply with duty to consider public access rights under Land Reform (Scotland) Act 2003 when granting planning permission for fence around football pitch in public park.
- Rae v Glasgow City Council [2024] CSOH 74: Judicial Review of screening opinion not to require full environmental impact assessment for demolition of tower blocks.
- McNab v Highland Council [2024] CSIH 17 and in Outer House [2023] CSOH 59, 2024 SLT 551: Appeal in action for declarator in relation to rights of access of new route following compulsory purchase for roads scheme and whether new route a road which the public was entitled to use.
- Gartmore House v Loch Lomond & Trossachs National Park Authority [2022] CSIH 56, 2023 SC 105 and in Outer House [2022] CSOH 24, 2022 SLT 713: Judicial Review of the adoption of an amended Core Path Plan
- Assessor for Lothian v Lloyds Banking Group plc [2022] CSIH 53, 2023 SC 52: Appeal by Assessor against decision of Valuation Appeal Committee that damage to industrial premises was a material change in circumstances justifying rateable value be reduce to nil.
- Cosmopolitan Hotels v Renfrewshire Council [2021] CSOH 116: Judicial Review challenge of decision to adopt local development plan found to be incompetent.
- Wildland Ltd v Highland Council [2021] CSOH 87: Judicial review of grant of planning permission for space rocket vertical launch facility on the north coast of Scotland.
- Scottish Ministers v Scotland's Rural College [2021] CSIH 32, 2021 SLT 1217: Appeal against Lands Tribunal decision in relation to entitlement to compensation for compulsory acquisition of land for AWPR (Aberdeen City By-pass).
- Granton Central Developments v City of Edinburgh Council [2021] CSOH 29 & CSOH 30, 2021 SLT 917 & 929: Commercial action in relation to contractual interpretation of Section 75 Planning Obligations and title to sue.
- MacIntyre v Scottish Ministers [2021] CSIH 10, 2021 SC 223: Statutory appeal in relation to interpretation of Use Classes Order.
- McCalls Ltd v Aberdeen City Council [2020] CSIH 41: Reclaiming Motion in Judicial Review re scope of local roads authority’s duty to maintain a road.
- Granton Central Developments Ltd v City of Edinburgh Council [2020] CSOH 73: Petition for order of specific implement to require planning authority to process planning application.
- New Ingliston Ltd v Edinburgh Airport Ltd [2020] CSOH 64: validity of Option Notice.
- Gladman v Scottish Ministers [2020] CSIH 28: Appeal against refusal of planning permission regarding appropriateness of approach to calculation of effective Housing Land supply and application of tilted balance.
- Charlton v Marshall's Trustees [2020] CSIH 11: Appeal against Upper Tribunal order for removal of tenant to allow demolition of property notwithstanding extant Repairing Standards Enforcement Order.
- Community Windpower Ltd v Scottish Ministers [2020] CSIH 17: Planning Enforcement Notice appeal re condition attached to permission for windfarm development.
- City of Edinburgh Council v Scottish Ministers [2020] CSIH 13: Appeal against grant of Section 42 Application to change time limit for lodging reserved matters applications.
- Guild v Angus Council [2020] CSOH 16: Judicial Review of decision to demolish a leisure centre.
- McCalls v Aberdeen City Council [2019] CSOH 88, 2020 SLT 55: Judicial Review of the extent of a roads authority's obligations to prevent water ingress into neighbouring shop's cellar.
- Gladman v Scottish Ministers [2019] CSIH 34: Statutory appeal against refusal of residential development involving calculation of effective housing land supply.
- Centric Community Projects v Aberdeen City Council [2019] CSOH 76, 2019 SLT 1318: Judicial review of refusal of business rates relief for charity.
- Persimmon Homes v Scottish Ministers [2019] CSIH 30, 2019 SLT 1082: Statutory appeal re interpretation of supplementary planning guidance.
- INEOS Upstream Ltd v Lord Advocate [2018] CSOH 66, 2018 SLT 775 and [2018] CSOH 15 on permission to proceed: Judicial review of Scottish Government's announcement of the use of its powers under the planning system to impose a "ban" on "fracking".
- Gladman Developments Limited v Scottish Ministers (2018) CSIH17: challenge to Clydeplan.
- Byrom v City of Edinburgh Council [2017] CSOH 135, [2018] CSIH 3: Judicial review of grant of planning permission to major hotel development.
- Tarmac Trading Ltd v Hamilton [2018] CSIH 46, 2018 SC 599 and CSOH 146 & 147: Citation procedure in landlord and tenant dispute.
- JAL Fish Ltd v Robertson Construction Eastern Ltd [2018] CSIH 24, 2018 SC 428, 2018 SLT 377, Outer House JAL Fish Ltd v Robertson Eastern Limited [2017] CSOH 70: Prescription of obligation in missives to enter overage agreement.
- Hamilton v Scottish Ministers [2017] CSOH 121: Dispute in relation to rights of drainage over motorway.
- Walgate v Scottish Natural Heritage [2017] CSOH 51: Judicial Review of removal of licence to control birds on farm.
- Thomson v Scottish Ministers [2017] CSIH 16: Statutory Appeal against enforcement notice.
- Cumbria County Council and Ors Petitioners [2016] CSIH 92: Petition to Nobile Officium to allow detention of English children in secure accommodation in Scotland.
- Taylor Wimpey v Scottish Ministers [2016] CSIH 94: Statutory appeal against refusal of permission for housing development.
- William Tracey v Scottish Ministers [2016] CSOH 131: Judicial Review re statutory interpretation of powers to grant necessary wayleaves and compensation provisions in Electricity Act 1989.
- Mauger v Police Scotland and Scottish Police Authority [2016] CSOH 22: judicial review of police disciplinary proceedings.
- Gibson v Scottish Ministers [2016] CSIH 31, [2016] CSIH 10: application for Protective Expenses Order.
- Angus Estates (Carnoustie) v Angus Council [2016] CSOH 145: Judicial Review of grant of planning permissions for housing developments.
- North Lanarkshire Council v Scottish Ministers [2016] CSIH 69: statutory appeal against Scottish Ministers' grant of planning permission for rail hub.
- Esso Petroleum Co Ltd v Scottish Ministers & Others [2016] CSOH 15, [2015] CSOH 21: commercial court action re nuisance of contamination of land caused by construction of motorway.
- AB v Palanimurgan & Others [2015] CSOH 26: medical negligence claim against GPs and nurses.
- Carroll v Scottish Borders Council [2015] CSIH 73, [2014] CSIH 30, [2014] CSOH 6: appeal against Local Review Body decision.
- Retail Property Holdings Limited v Renfrewshire Council [2015] CSIH 69: appeal against failure to modify local development plan in accordance with Reporter's recommendation (designation of town centre).
- Calmac Developments Limited v Dumfries & Galloway Council [2015] CSOH 129: appeal against designation in local development plan.
- Miller Homes Ltd v Scottish Ministers [2015] CSIH 20: appeal against refusal of housing development.
- Hallam Land Management v Scottish Ministers [2014] CSIH 110A: appeal against refusal of housing development.
- Patersons of Greenoakhill v Scottish Ministers [2014] CSIH 24: appeal against refusal of planning permission for mineral extraction.
- Tesco Stores Petitioners [2014] CSOH 153: judicial review of amendment to S.75 planning obligation.
- Trump International Golf Links Scotland v Scottish Ministers [2014] CSOH 22, [2013] CSOH 166: judicial review of planning permission for offshore wind farm.
- Sustainable Shetland v Scottish Ministers [2013] CSIH 116: application to intervene in planning appeal.
- Prosper Properties v Scottish Ministers [2013] CSIH 54: appeal against breach of arrestment.
- Pilkington Trustees v Scottish Ministers [2013] CSOH 147: appeal against refusal of planning permission for Western expansion of Perth.
- Pilkington Trustees Petitioners [2013] CSOH 148: judicial review of Reporter's decision on expenses.
- Bova v Highland Council [2013] CSIH 41 and [2011] CSOH 140: Judicial Review of planning permission for housing development.
- Tesco Stores Ltd v Aberdeen City Council [2012] CSIH 81: appeal against adoption of Local Development Plan.
- Bagmore Wind Ltd v Scottish Ministers [2012] CSIH 93: appeal against refusal of planning permission for wind farm due to potential effect on golden eagles in SPA.
- Cooper v Merck Pharmaceuticals [2012] CSOH 48: product liability action regarding Vioxx painkiller)
- McGinty v Scottish Ministers [2010] CSOH 5: grant of protected expenses order for an environmental challenge to National Planning Framework.
- Forbes v Aberdeenshire Council and Trump International Golf Links [2010] CSOH 01: refusal of interim interdict of preparatory works for golf course pending judicial review of planning permission.
- Aberdeenshire Council v Scottish Ministers [2008] CSIH 28: appeal against grant of planning permission.
Public Inquiries including:
- Scottish Hospitals Inquiry
- Edinburgh Tram Inquiry
- Vale of Leven Hospital: C-difficle outbreak Public Inquiry (for Health Protection Scotland)
- Aberdeen Western Peripheral Route (AWPR) (for various objectors) re route and CPOs for proposed Aberdeen City by-pass.
- Hadden Construction Ltd v Perth & Kinross Council (PPA-340-2117): Public Inquiry re housing development involving agent of change principle as development bringing new noise sensitive land use next to noise-producing site.
- Axcel Hospitality Edinburgh v City of Edinburgh Council (POA-230-2005): Section 75A appeal to reduce obligation to pay contributions to Edinburgh Tram.
- Portobello Waste Transfer Station Inquiry (for local authority) re road to rail waste transfer proposal
- Tiger Developments, Morrison Street, Haymarket, Edinburgh (for local authority) re major redevelopment of land at Haymarket including 2 hotels and office blocks.
- A90 (Balmedie to Tipperty ) CPO Inquiry (for local objector) re CPO for trunk road upgrade north of Aberdeen.
- Peacock Cross, Hamilton CPO (for objector, Shell UK) re CPO of petrol filling station for new link road.
- East Lothian Local Plan Inquiry (re Haddington Housing allocation)
Sheriff Appeal Court:
- Sheriff v O'Rourke [2023] SAC (Civ) 18, 2023 SLT (SAC) 89 and 2023 SCLR 125: Property dispute re whether contract for use of property was a licence to occupy or a lease.
Lands Tribunal/Land Court:
- Murrayfield Curling Ltd v Murrayfield Ice Rink Limited [2026] LTS 8: application to remove title condition preventing use of building for anything other than curling
- Diageo Scotland Ltd v Coal Authority [2025] LTS 7, 2025 SLT (Lands Tr) 39: Preliminary decision on time bar in claim for subsidence damage to major warehouse due to coal mining operations under the Coal Mining Subsidence Act 1991
- Archyield Ltd v Network Rail Infrastructure Ltd [2024] LTS 6: dispute over amount of compensation due for compulsory purchase of hotel.
- BNP Paribas Depositary Services (Jersey) Ltd v Safeway Stores Ltd [2022] LTS 4: application to remove property burden prohibiting use for food retail and decide amount of compensation payable if burden removed.
- Scottish Rural College (SRUC) v Scottish Ministers (LTS/COMP/2018/06): preliminary proof on issue of "betterment" in CPO compensation claim for land taken for the Aberdeen By-pass (AWPR) re likelihood of obtaining allocation for housing development in the local development plan in the absence of the AWPR.
- Cadman & Another v Rodgers & Others 2018 LTS/TC/2017 033: application to discharge feudal burden to allow development of care home.
- Advised various clients re objections to CPOs including for dualling of A9 and A96.
- Farquharson v Scottish Ministers: claim for entitlement to farm basic payments.
- Cockenzie Regeneration Alliance Limited v Scottish Ministers: challenge to refusal of registration of community right to buy by summary application to Sheriff.
- Watt Taylor v Scottish Ministers SLC/174/12: for Scottish Government) re penalty for overclaim for farm subsidy.
- Emslie v Scottish Ministers LT3/COMP/2013/13 (for applicant) re counter-notice to CPO.
- ITS Corporate Entertainment v City of Edinburgh Council (for local authority) re compensation for land subject to CPO.
- Danzan Trust v City of Edinburgh Council (for local authority) re compensation value of land subject to CPO for construction of M9 spur.
- Advised various clients in relation to valuation for ratings, rights under the Electronic Communications Code and compensation claims for CPOs.